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33 | + | ENGROSSED HOUSE | |
3 | 34 | BILL NO. 4188 By: Boatman of the House | |
4 | 35 | ||
5 | 36 | and | |
6 | 37 | ||
7 | 38 | Stanley of the Senate | |
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14 | 43 | An Act relating to state government; amending 74 O.S. | |
15 | 44 | 2021, Sections 500.2, 500.4, 500.5, 500.8, 500.9, | |
16 | 45 | 500.11, 500.15, 500.16 and 500.18, which relate to | |
17 | 46 | the State Travel Reimbursement Act; clarifying | |
18 | 47 | language; modifying reimbursement for distances; | |
19 | 48 | removing travel by leased automobile; modifying | |
20 | 49 | method of computing per diem; modi fying reimbursement | |
21 | 50 | for overnight lodgin g and out-of-state trips; | |
22 | 51 | modifying submission of claims; modifying exemptions; | |
23 | 52 | repealing 74 O.S. 2021, Section 500. 17, which relates | |
24 | 53 | to the review of travel expe nditures; and providing | |
25 | 54 | an effective date. | |
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30 | - | SUBJECT: State government | |
31 | - | ||
32 | 59 | BE IT ENACTED BY THE PEOPLE OF THE STAT E OF OKLAHOMA: | |
33 | - | ||
34 | 60 | SECTION 1. AMENDATORY 74 O.S. 2021, Section 500.2, is | |
35 | 61 | amended to read as follows: | |
36 | - | ||
37 | 62 | Section 500.2 A. Officials and employees of the state, | |
38 | 63 | traveling on authoriz ed state business, may be reimbursed for | |
39 | 64 | expenses incurred in such travel in accordance with the provisions | |
40 | 65 | of the State Travel Reimbursement Act and existing statutes relating | |
41 | 66 | to state travel. Persons who are not state employees, but who are | |
42 | 67 | performing substantial and necessary services to the state which | |
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43 | 95 | have been directed or approved by the approp riate department | |
44 | 96 | official, shall enjoy the protection of the sovereign immunity of | |
45 | 97 | the state to the same extent as a paid employee. Such persons may | |
46 | - | be reimbursed for expenses incurred during authorized official | |
98 | + | be reimbursed for expenses incurred during authorized official | |
47 | 99 | travel under these same statutory provision s,; provided, it is | |
48 | 100 | indicated on the claim the person is not a state employee, a | |
49 | 101 | description of services performed is entered, and the agency head by | |
50 | 102 | approval of the claim certifies such services were substantial a nd | |
51 | 103 | necessary, and germane to the duties an d functions of the | |
52 | 104 | reimbursing agency. Travel expenses incurred by a person during the | |
53 | 105 | course of seeking employment with a state agency, unless such travel | |
54 | 106 | is performed at the request of the employing agency, shal l not be | |
55 | 107 | considered expenses incurred in p erforming substantial and necessary | |
56 | 108 | services to the state and shall not be reimbursed under the | |
57 | 109 | provisions of the State Travel Reimbursement Act. | |
58 | - | ||
59 | 110 | B. The chief administrative officer of the Department of Public | |
60 | 111 | Safety, the Oklahoma State Bureau of Investig ation, the Oklahoma | |
61 | 112 | State Bureau of Narcotics and Dangerous Drugs Control, the Military | |
62 | 113 | Department of the State of Oklahoma, the Department of Corrections, | |
63 | 114 | the Office of Management and Enterprise Services, the Alco holic | |
64 | 115 | Beverage Laws Enforcement Commission , the Oklahoma Department of | |
65 | 116 | Agriculture, Food, and Forestry, the Oklahoma Department of | |
66 | 117 | Emergency Management, the State Fire Marshal, and the State | |
67 | 118 | Department of Health may arrange for and charge meals and lodging | |
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68 | 146 | for a contingent of state personnel moved into an area for the | |
69 | 147 | purpose of preserving the public health, safety, or welfare or for | |
70 | 148 | the protection of life or property. The cost for meals or lodging | |
71 | 149 | so charged shall not exceed the amount authorized in the S tate | |
72 | 150 | Travel Reimbursement Act. The chief administrative officer of each | |
73 | 151 | agency involved in such an operation shall require the vendor | |
74 | 152 | furnishing meals, lodging, or both meals and lodging to submit an | |
75 | 153 | itemized statement for payment. When a claim for lodgi ng is made | |
76 | 154 | for a contingent of state perso nnel, individual members of the | |
77 | 155 | contingent may not submit a claim for lodging. When a claim for | |
78 | 156 | meals is made for a contingent of state personnel, individual | |
79 | 157 | members of the contingent may not submit a claim for me als. | |
80 | - | ||
81 | 158 | C. The Oklahoma Department of Commer ce, the Oklahoma Center for | |
82 | 159 | the Advancement of Science and Technology, and the Oklahoma | |
83 | 160 | Department of Agriculture, Food, and Forestry are hereby authorized | |
84 | 161 | to enter into contracts and agreements for the payment of food, | |
85 | 162 | lodging, meeting facility and bevera ge expenses as may be necessary | |
86 | 163 | for sponsoring seminars and receptions relating to economic | |
87 | 164 | development and science and technology issues. Such expenses may b e | |
88 | 165 | paid directly to the contracting agency or business e stablishment. | |
89 | 166 | The Director of the Oklahom a Department of Commerce, the President | |
90 | 167 | of the Oklahoma Center for the Advancement of Science and | |
91 | - | Technology, and the Commissioner of Agriculture shall each pr ovide a | |
168 | + | Technology, and the Commissioner of Agriculture shall each pr ovide a | |
92 | 169 | quarterly report of such expenditures to the Go vernor, the Speaker | |
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93 | 197 | of the House of Repres entatives and the President Pro Tempore of the | |
94 | 198 | Senate. | |
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96 | 199 | D. The Native American Cultural and Educational Authority is | |
97 | 200 | hereby authorized to enter into contracts and agreements for the | |
98 | 201 | payment of food, lodging, and me eting facility as may be necessary | |
99 | 202 | to pursue the promotion of fundraising, marketing, and development | |
100 | 203 | of Native American educational programs and cultural projects, or to | |
101 | 204 | sponsor luncheons, seminars, a nd receptions relating to Native | |
102 | 205 | American educational, cultural, museum, and economic development | |
103 | 206 | issues. Such expenses may be paid directly to the contracting | |
104 | 207 | agency or business establishment. The Executive Director of the | |
105 | 208 | Native American Cultural and E ducational Authority shall provide a | |
106 | 209 | monthly report of expenditures to the Native American Cultur al and | |
107 | 210 | Educational Authority Board. | |
108 | - | ||
109 | 211 | E. For purposes of this section: | |
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111 | 212 | 1. "State agency" means any constitutionally or statutorily | |
112 | 213 | created state board, commiss ion, or department, including the | |
113 | 214 | Legislature and the C ourts; | |
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115 | 215 | 2. State agencies are authorized t o enter into contracts and | |
116 | 216 | agreements for the payment of food and lodging expenses as may be | |
117 | 217 | necessary for employees or other persons who are performing | |
118 | 218 | substantial and necessary services to the state by attending | |
119 | 219 | official conferences, meetings, seminars, workshops, or training | |
120 | 220 | sessions or in the performance of their duties. Such expenses may | |
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121 | 248 | be paid directly to the contracting agency or business | |
122 | 249 | establishment,; provided the meeting qualifies for overnight travel | |
123 | 250 | for the employees and the cost for food and lodging for each | |
124 | 251 | employee shall not exceed the total daily rate as provided in the | |
125 | 252 | State Travel Reimbursement Act; | |
126 | - | ||
127 | 253 | 3. State agencies are authorized to enter into contracts and | |
128 | 254 | agreements for the payment of confer ence registration expenses as | |
129 | 255 | may be necessary for employees or other persons who are performing | |
130 | 256 | substantial and necessary services to the state by attending | |
131 | 257 | official conferences, meetings, seminars, w orkshops, or training | |
132 | 258 | sessions. Such expenses may be p aid directly to the contracting | |
133 | 259 | agency or business establishment; and | |
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135 | 260 | 4. State agencies are authorized to enter into contracts and | |
136 | - | agreements for the payment of food and lodging expenses as may be | |
261 | + | agreements for the payment of food and lodging expenses as may be | |
137 | 262 | necessary for employees attending an official course of in struction | |
138 | 263 | or training conducted or sponsor ed by any state agency. Expenses | |
139 | 264 | may be paid directly to the contracting agency or business | |
140 | 265 | establishment. The cost for food and lodging for each employee | |
141 | 266 | shall not exceed the total daily rate as provided in the State | |
142 | 267 | Travel Reimbursement Act. | |
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144 | 268 | F. State agencies are authorized to make direct purchases of | |
145 | 269 | commercial airline tickets for use by employees in approved out -of- | |
146 | 270 | state travel. Each claim or invoice sub mitted to the Director of | |
147 | 271 | the Office of Management and Enterprise Services for the payment of | |
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148 | 299 | the purchase shall bear the airline identifying ticket number, the | |
149 | 300 | name of the airline, total cost of each ticket purchased, class of | |
150 | 301 | accommodation and name of th e employee for whom the ticket was | |
151 | 302 | purchased, and shall be filed on claim forms as prescribed by the | |
152 | 303 | Director of the Office of Management and Enterprise Services. The | |
153 | 304 | employee shall sign an affidavit stating that the employee used a | |
154 | 305 | direct purchase commer cial airline ticket received for his or her | |
155 | 306 | approved out-of-state travel, or in lieu of the affid avit, the | |
156 | 307 | employee may file a travel claim in connection with said airline | |
157 | 308 | flight. | |
158 | - | ||
159 | 309 | G. 1. The Director of the Office of Management and Enterprise | |
160 | 310 | Services is hereby authorized to enter into contracts and agreement s | |
161 | 311 | for the payment of food, lodging, and ot her authorized expenses as | |
162 | 312 | may be necessary to host, conduct, sponsor, or participate in | |
163 | 313 | conferences, meetings, or training sessions. The Director may | |
164 | 314 | establish accounts as necessary for the collection and distrib ution | |
165 | 315 | of funds, including funds of sponsor s and registration fees, related | |
166 | 316 | to such conferences, meetings, and training sessions. Expenses | |
167 | 317 | incurred may be paid directly to the contracting agency or bus iness | |
168 | 318 | establishment. | |
169 | - | ||
170 | 319 | 2. The cost of food for persons a ttending any conferences, | |
171 | 320 | meetings, and training sessions that do not require overnight travel | |
172 | 321 | shall not exceed the total daily rate as provided in the State | |
173 | 322 | Travel Reimbursement Act. | |
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174 | 349 | ||
175 | 350 | H. 1. The Commissioner of the Department of Mental Health and | |
176 | 351 | Substance Abuse Services is hereby authorized to e nter into | |
177 | 352 | contracts and agreements for the payment of food, lodging, and other | |
178 | 353 | authorized expenses as may be necessary to host, conduct, sponsor, | |
179 | 354 | or participate in conferences, meetings, or training sessions. The | |
180 | 355 | Commissioner may establish accounts as nec essary for the collection | |
181 | - | and distribution of funds, including funds of sponsors and | |
356 | + | and distribution of funds, including funds of sponsors and | |
182 | 357 | registration fees, related to such conferences, meetings, and | |
183 | 358 | training sessions. Any expenses incurred may be paid directly to | |
184 | 359 | the contracting agency or business establis hment. | |
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186 | 360 | 2. The cost of food for persons attending any conferences, | |
187 | 361 | meetings, and training sessions that do not require overnight travel | |
188 | 362 | shall not exceed the to tal daily rate as provided in the State | |
189 | 363 | Travel Reimbursement Act. | |
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191 | 364 | I. The Oklahoma Indigent Defen se System is hereby authorized to | |
192 | 365 | enter into contracts and agreements for the payment of lodging as | |
193 | 366 | necessary for employees to carry out their duties in repres enting | |
194 | 367 | any client whom the System has been properly app ointed to represent. | |
195 | 368 | Such expenses may be paid directly to the contracting agency or | |
196 | 369 | business establishment. The cost for lodging for each employee | |
197 | 370 | shall not exceed the daily rate as provided in the State Travel | |
198 | 371 | Reimbursement Act. | |
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200 | 372 | J. The Oklahoma Touris m and Recreation Department is hereby | |
201 | 373 | authorized to enter into contracts and agreements for the payment of | |
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202 | 401 | food, lodging, and meeting facility and beverage expenses as may be | |
203 | 402 | necessary for seminars and receptions relating to familiarization | |
204 | 403 | tours and tourism development. The expenses may be paid directly to | |
205 | 404 | the contracting agency or business establishment. The Executive | |
206 | 405 | Director of the Oklahoma Tourism and Recreation Department shall | |
207 | 406 | provide a monthly report of any such expenditures to the Oklahoma | |
208 | 407 | Tourism and Recreation Commission. | |
209 | - | ||
210 | 408 | K. The Oklahoma Tourism and Recreation Department is hereby | |
211 | 409 | authorized to enter into contracts and agreements for the payment of | |
212 | 410 | exhibitor fees and display space charges a t expositions to promote | |
213 | 411 | the Department's recreational facilities and the tourism and | |
214 | 412 | recreation industry. The expenses may be paid directly to the | |
215 | 413 | contracting agency or business establishment; provided that no | |
216 | 414 | payment shall be made prior to the event unl ess it conveys a | |
217 | 415 | property right to the state for future availability and use. | |
218 | - | ||
219 | 416 | L. 1. The Oklahoma Highway Safety Office of the Department of | |
220 | 417 | Public Safety is hereby authorized to enter into contracts and | |
221 | 418 | agreements for the payment of food, lodging, and ot her authorized | |
222 | 419 | expenses as may be necessary , to host, conduct, sponsor, or | |
223 | 420 | participate in highway -safety-related conferences, workshops, | |
224 | 421 | seminars, meetings, or training sessions. The payments shall be for | |
225 | 422 | all persons in attendance, including, but not limi ted to, employees | |
226 | - | of political subdivisions or | |
423 | + | of political subdivisions or employee s of the state or federal | |
227 | 424 | government. For purposes specified in this paragraph, only federal | |
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228 | 452 | highway safety funds may be used in accordance with federal | |
229 | 453 | guidelines and regulations, and no appropriated state funds shall be | |
230 | 454 | used. | |
231 | - | ||
232 | 455 | 2. The cost of food for pe rsons attending any highway safety | |
233 | 456 | conferences, workshops, seminars, meetings, and training sessions | |
234 | 457 | that do not require overnight travel shall not exceed the total | |
235 | 458 | daily rate as provided in the State Travel Reimbursement Act. | |
236 | - | ||
237 | 459 | M. 1. The Director of the O klahoma State Bureau of | |
238 | 460 | Investigation is hereby authorized to enter into contracts and | |
239 | 461 | agreements for the payment of food, lodging and other authorized | |
240 | 462 | expenses as may be necessary to host, conduct, sp onsor or | |
241 | 463 | participate in any conference, meeting, traini ng session or | |
242 | 464 | initiative to promote the mi ssion and purposes of the Bureau. The | |
243 | 465 | payments may be for all persons in attendance, including, but not | |
244 | 466 | limited to, employees of political subdivisions or emp loyees of the | |
245 | 467 | state or federal government. | |
246 | - | ||
247 | 468 | 2. The cost of food for persons that do not require o vernight | |
248 | 469 | travel shall not exceed the total daily rate as provided in the | |
249 | 470 | State Travel Reimbursement Act. | |
250 | - | ||
251 | 471 | N. The Oklahoma Homeland Security Director is hereby authorized | |
252 | 472 | to enter into contracts and agreements for t he payment of food, | |
253 | 473 | lodging and other auth orized expenses as may be necessary to host, | |
254 | 474 | conduct, sponsor, or participate in homeland -security-related | |
255 | 475 | conferences, meetings, workshops, seminars, exercise s or training | |
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256 | 503 | sessions. The expenses may be paid direc tly to the contracting | |
257 | 504 | agency or business establishment. | |
258 | - | ||
259 | 505 | O. The State Department of Education is hereby authorized to | |
260 | 506 | enter into contracts and agreements for the payment of food, lodging | |
261 | 507 | and other authorized expenses as may be necessary to host, conduct, | |
262 | 508 | sponsor or participate in conferences, mee tings or training | |
263 | 509 | sessions. The State Department of Education may establish accounts | |
264 | 510 | as necessary for the collection and distribution of funds, including | |
265 | 511 | funds of sponsors and registration fees, related to such | |
266 | 512 | conferences, meetings and training sessions. Any expenses incurred | |
267 | 513 | may be paid directly to the contracting agency or business | |
268 | 514 | establishment. | |
269 | - | ||
270 | 515 | P. 1. The Insurance Commissioner of the Insurance Departmen t | |
271 | - | of the State of Oklahoma is hereby authorized to | |
516 | + | of the State of Oklahoma is hereby authorized to ente r into | |
272 | 517 | contracts and agreements for the pa yment of food, lodging, and other | |
273 | 518 | authorized expenses as may be necessary to host, conduct, sponsor, | |
274 | 519 | or participate in conferences, meetings, or training sessi ons. The | |
275 | 520 | Commissioner may establish accounts as necess ary for the collection | |
276 | 521 | and distribution of funds, including funds of sponsors and | |
277 | 522 | registration fees, related to such conferences, meetings, and | |
278 | 523 | training sessions. Any expenses incurred may be paid dir ectly to | |
279 | 524 | the contracting agency or business establishme nt. | |
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281 | 525 | 2. The cost of food for persons atten ding any conferences, | |
282 | 526 | meetings, and training sessions that do not require overnight travel | |
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283 | 554 | shall not exceed the total daily rate as provided in the State | |
284 | 555 | Travel Reimbursement Act. | |
285 | - | ||
286 | 556 | Q. 1. The State Regents for High er Education is hereby | |
287 | 557 | authorized to enter into contracts and agreements for the payment of | |
288 | 558 | food, lodging, and other authorized expenses as may be necessary to | |
289 | 559 | host, conduct, sponsor, or participate in conferences, meetings, or | |
290 | 560 | training sessions. The Stat e Regents for Higher Education may | |
291 | 561 | establish accounts as necessary for the collection and distribution | |
292 | 562 | of funds, including funds of sponsors and registration fees, related | |
293 | 563 | to such conferences, meetings , and training sessions. Any expenses | |
294 | 564 | incurred may be paid directly to the contracting agency or business | |
295 | 565 | establishment. | |
296 | - | ||
297 | 566 | 2. The cost of food for persons attending any conferences, | |
298 | 567 | meetings, and training sessions that do not require overnight travel | |
299 | 568 | shall not exceed the total daily rate as provided in the Sta te | |
300 | 569 | Travel Reimbursement Act. | |
301 | - | ||
302 | 570 | R. 1. The Office of Educational Quality and Accountability is | |
303 | 571 | hereby authorized to enter into contracts and agreements for the | |
304 | 572 | payment of food, lodging, and other authori zed expenses as may be | |
305 | 573 | necessary to host, conduct, spon sor, or participate in conferences, | |
306 | 574 | meetings, or training sessions. The Office of Educational Quality | |
307 | 575 | and Accountability may establish accounts as necessary for the | |
308 | 576 | collection and distribution of fund s, including funds of sponsors | |
309 | 577 | and registration fees, r elated to such conferences, meetings, and | |
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310 | 605 | training sessions. Any expenses incurred may be paid directly to | |
311 | 606 | the contracting agency or business establishment. | |
312 | - | ||
313 | 607 | 2. The cost of food for persons attending any conferences, | |
314 | 608 | meetings, and training sessions that d o not require overnight travel | |
315 | 609 | shall not exceed the total daily rate as provided in the State | |
316 | - | Travel Reimbursement Act. ENR. H. B. NO. 4188 Page 8 | |
317 | - | ||
610 | + | Travel Reimbursement Act. | |
318 | 611 | S. 1. The Department of Securities is hereby authorized to | |
319 | 612 | enter into contracts and agreements for the payment of food, | |
320 | 613 | lodging, meeting facility, facilitator fees and travel e xpenses, | |
321 | 614 | exhibitor fees and other authorized expenses as may be necessary to | |
322 | 615 | host, conduct, sponsor or participate in conferences, meetings, | |
323 | 616 | training sessions or initiatives promoting or otherwise relating to | |
324 | 617 | investor education. The Department of Securiti es may establish | |
325 | 618 | accounts as necessary for the collection and distribution of funds, | |
326 | 619 | including funds of sponsors and registration fees, relating related | |
327 | 620 | to such conferences, meetings, t raining sessions or initiativ es. | |
328 | 621 | The payments may be for all persons i n attendance, including, but | |
329 | 622 | not limited to, employees of the state or federal government or | |
330 | 623 | employees of political subdivisions of the state, including | |
331 | 624 | employees of boards of public ed ucation. Expenses incurred m ay be | |
332 | 625 | paid directly to the contracting age ncy or business establishment. | |
333 | - | ||
334 | 626 | 2. The cost of food for persons attending any conferences, | |
335 | 627 | meetings and training sessions that do not require overnight travel | |
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336 | 655 | shall not exceed the total daily rate as provided in th e State | |
337 | 656 | Travel Reimbursement Act. | |
338 | - | ||
339 | 657 | 3. The Department of Securities is hereby authorized to pay | |
340 | 658 | stipends to teachers participating in the investor education program | |
341 | 659 | and monetary achievement awards to se lect participating student s. | |
342 | 660 | No appropriated state fun ds shall be used. | |
343 | - | ||
344 | 661 | T. 1. The Oklahoma Dep artment of Veterans Affairs is hereby | |
345 | 662 | authorized to enter into contracts and agreements for the payment of | |
346 | 663 | food, lodging, meeting facility, beverage and other authorized | |
347 | 664 | expenses as may be necessary to host, conduc t, sponsor or | |
348 | 665 | participate in seminars, rec eptions, conferences, meetings or | |
349 | 666 | training sessions relating related to the support of veterans and | |
350 | 667 | the development of veterans ' services. Expenses incurred m ay be | |
351 | 668 | paid directly to the contrac ting agency or busine ss establishment. | |
352 | 669 | The Executive Director of the Oklahoma Department of Veterans | |
353 | 670 | Affairs shall provide a monthly report of any such expenditures to | |
354 | 671 | the Oklahoma Veterans Commission. | |
355 | - | ||
356 | 672 | 2. The cost of food for persons attending any confer ences, | |
357 | 673 | meetings and training sessions that do not require overn ight travel | |
358 | 674 | shall not exceed the total daily rate as provided in the State | |
359 | 675 | Travel Reimbursement Act. | |
360 | - | ENR. H. B. NO. 4188 Page 9 | |
361 | 676 | U. Whenever possible it shall be the policy of each state | |
362 | 677 | agency to prepay airline fares an d lodging expenses us ing a purchase | |
363 | 678 | card issued to the agency. This policy shall apply to instances | |
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364 | 706 | where employees of the agency are traveling on behalf of state | |
365 | 707 | government. | |
366 | - | ||
367 | 708 | SECTION 2. AMENDATORY 74 O.S. 2021, Section 500.4, is | |
368 | 709 | amended to read as fo llows: | |
369 | - | ||
370 | 710 | Section 500.4 A. Authorized perso ns traveling on official | |
371 | 711 | state business within the State of Oklahoma may utilize railroads, | |
372 | 712 | airplanes, buses, whether intracity or intercity, or other public | |
373 | 713 | conveyance. Reimbursement for fares paid for airplane | |
374 | 714 | transportation shall not exceed coach class fare except as provided | |
375 | 715 | herein. Reimbursement for fares paid for airplane transportation | |
376 | 716 | may be at the business class fare ra te for international travel. | |
377 | 717 | Other public conveyance fares shall not exceed the lesser of the | |
378 | 718 | normal charge or coach class airpl ane fare. Taxicab or rideshare | |
379 | 719 | fares within the State of Oklahoma and communication charges may be | |
380 | 720 | reimbursed only upon justif ication as to the necessity for their | |
381 | 721 | use. | |
382 | - | ||
383 | 722 | B. Agency heads or their authorized designe es may approve the | |
384 | 723 | use of motor vehicles f or official travel within the State of | |
385 | 724 | Oklahoma. If available, agency owned motor vehicles or motor | |
386 | 725 | vehicles leased from the S tate Motor Pool, either on a ful l-time | |
387 | 726 | basis or for individual trips, shall be utilized for such travel. | |
388 | 727 | Reimbursement for use o f privately owned motor vehicles may be | |
389 | 728 | authorized by the agency head. | |
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730 | + | SENATE FLOOR VERSION - HB4188 SFLR Page 15 | |
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390 | 755 | ||
391 | 756 | C. Reimbursement for authorized use of privately owned motor | |
392 | 757 | vehicles shall not exceed the amount prescribed by the Internal | |
393 | 758 | Revenue Code of 1986, as amended, or rules, procedures or o ther | |
394 | 759 | action by the Internal Revenue Service, for use in determining the | |
395 | 760 | standard mileage rate allowed for a business expense de duction. | |
396 | 761 | Distances for which re imbursement for use of privately owned motor | |
397 | 762 | vehicles is claimed shall be actual business miles b ased on a | |
398 | 763 | recognized Global Positioning System (GPS) or based on map and | |
399 | 764 | vicinity business mileage . | |
400 | - | ||
401 | 765 | SECTION 3. AMENDATORY 74 O.S. 202 1, Section 500.5, is | |
402 | 766 | amended to read as follows: | |
403 | - | ||
404 | 767 | Section 500.5 A. Reimbursement for automobiles leased or | |
405 | - | rented within this state from so-called car rental agencies o r | |
768 | + | rented within this state from so-called car rental agencies o r | |
406 | 769 | private parties, to be used in lieu of a privately owned vehicle on | |
407 | 770 | official business for the state, shall not exceed the rate provided | |
408 | 771 | for the use of a privately owned automobile. | |
409 | - | ||
410 | 772 | B. The actual cost of leasing or renting an automobile outside | |
411 | 773 | of this state to be used on official business for the state shall be | |
412 | 774 | reimbursed subject to the a pproval of the agency head or authorized | |
413 | 775 | designee. | |
414 | - | ||
415 | 776 | SECTION 4. AMENDATORY 74 O.S. 2021, Section 500.8, is | |
416 | 777 | amended to read as follows: | |
417 | - | ||
418 | 778 | Section 500.8 A reimbursement in lieu of meal expenses, per | |
419 | 779 | day, while in official travel status , per diem in an amount | |
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420 | 807 | authorized by the provisions of the Internal Revenue Code of 1986, | |
421 | 808 | as amended, for deductibility of expenses for travel while away from | |
422 | 809 | home without additional documentation within the State of Oklahoma | |
423 | 810 | and outside the state is auth orized federal Government Services | |
424 | - | Administration (GSA) in its Federal | |
425 | - | ||
426 | - | ||
811 | + | Administration (GSA) in its Federal Travel Regulation (FTR) 42 C.F.R | |
812 | + | Section 300-1.1 et seq. and as updated in its F TR Bulletins is | |
813 | + | authorized while in travel status . In computing per diem | |
427 | 814 | reimbursement for meals a day shall be a period of twenty-four (24) | |
428 | 815 | hours calendar day. Reimbursement for each one-fourth (1/4) day | |
429 | 816 | consisting of six (6) hours or major fraction thereof, more than | |
430 | 817 | three (3) hours, may be made at the rate of one -fourth (1/4) of the | |
431 | 818 | daily allowable rate. The first and last days of travel shall be | |
432 | 819 | paid at a rate of seventy-five percent (75%) of the full-day per | |
433 | 820 | diem. Provided, however, that n o reimbursement for meals per diem | |
434 | 821 | shall be made for periods which do not include overnight status. If | |
435 | 822 | meals and lodging at a meeting, workshop, conference or other obj ect | |
436 | 823 | of travel are furnished as a "package plan", reimbursement may be | |
437 | 824 | made, based upon a receipt, but at a daily rate of not to exceed the | |
438 | 825 | total daily rate provided in t his act. | |
439 | - | ||
440 | 826 | SECTION 5. AMENDATORY 74 O.S. 2021, Section 500.9, i s | |
441 | 827 | amended to read as follows: | |
442 | - | ||
443 | 828 | Section 500.9 A. Reimbursement for overnight lodging, w hile in | |
444 | 829 | official travel status, may be made at not to exceed an amount | |
445 | 830 | authorized by the provisions of t he Internal Revenue Code of 1986, | |
831 | + | ||
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833 | + | (Bold face denotes Committee A mendments) 1 | |
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446 | 858 | as amended, for deductibility of expenses federal Government | |
447 | 859 | Services Administration (GSA) in its Federal Travel Regul ation (FTR) | |
448 | - | 42 C.F.R. Section 300-1.1 et seq. and as updated in its FTR | |
449 | - | Bulletins for travel while away from home wit hout additional | |
450 | - | documentation or the actual cost, if lower, per night exc ept as ENR. H. B. NO. 4188 Page 11 | |
451 | - | provided in subsections B, C, D, F E, and H G of this section and | |
452 | - | Section 500.9A of this title. Receipts issued by the hotel, motel | |
453 | - | or other public lodging place shall accompa ny claims for | |
454 | - | reimbursement. | |
455 | - | ||
860 | + | 42 CFR Section 300-1.1 et seq. and as updated in its FTR Bulletins | |
861 | + | for travel while away from home wit hout additional documentation or | |
862 | + | the actual cost, if l ower, per night except as provided in | |
863 | + | subsections B, C, D, F E, and H G of this section and Sect ion 500.9A | |
864 | + | of this title. Receipts issued by the hotel, motel or other public | |
865 | + | lodging place shall accompa ny claims for reimbursement. | |
456 | 866 | B. A per diem allowance for meals and incidental expenses may | |
457 | 867 | be authorized by a travel claim issued in accordance with Section | |
458 | 868 | 500.3 of this title, which shall include all charges for meals and | |
459 | 869 | incidental expenses. Not to ex ceed an amount authorized by the | |
460 | 870 | provisions of the Internal Revenue Code of 1986, as amended, for | |
461 | 871 | deductibility of expenses for travel while away from home without | |
462 | 872 | additional documentation may be authorized on the travel claim for | |
463 | 873 | the performance of travel within the State of Oklahoma. In | |
464 | 874 | computing the per diem allowance, a day shall be a period of t wenty- | |
465 | 875 | four (24) hours. Reimbursement for each one -fourth (1/4) day | |
466 | 876 | consisting of six (6) hours or major fraction thereof, more than | |
467 | 877 | three (3) hours, may be ma de at the rate of the daily allowable | |
468 | 878 | rate. When a traveler has lodging provided at no cost to t he state, | |
469 | 879 | a ten-dollar lodging per diem allowance may be claimed in addition | |
470 | 880 | to the meals and incidental expenses per diem allowance. Provided, | |
471 | 881 | however, that no per diem shall be allowed pursuant to this section | |
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883 | + | SENATE FLOOR VERSION - HB4188 SFLR Page 18 | |
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472 | 909 | for periods of less than overnight in trave l status. Reimbursement | |
473 | 910 | for expenses other than meal s and lodging may also be made in | |
474 | 911 | accordance with the provisions of this act. | |
475 | - | ||
476 | 912 | C. State officers or employ ees attending meetings, workshops, | |
477 | 913 | conferences or other objectives of trips which are conducted a t a | |
478 | 914 | designated hotel, motel or other public lodging p lace or where | |
479 | 915 | lodging has been arranged for by the blocking of rooms or by rate | |
480 | 916 | reductions for the partici pants by the sponsor as evidenced by the | |
481 | 917 | announcement or notice of the meeting, workshop, confere nce or other | |
482 | 918 | objective shall be reimbursed the actual lodging expense not to | |
483 | 919 | exceed the single occupancy room rate charged by the designated | |
484 | 920 | hotel, motel or other public lodging place ,; provided, that the | |
485 | 921 | officials or employees are in official travel statu s approved by the | |
486 | 922 | agency head or designee. Provided fu rther, those state officers or | |
487 | 923 | employees attending meetings, workshops, conferences or other | |
488 | 924 | objectives of trips, which are conducted at a designa ted hotel, | |
489 | 925 | motel or other public lodging place as provi ded by this subsection, | |
490 | 926 | who choose to acquire less expe nsive lodging at another hotel, motel | |
491 | 927 | or other public lodging place shall be reimbursed the actual lodgi ng | |
492 | 928 | expense not to exceed the single occupa ncy room rate charged by the | |
493 | 929 | designated hotel, motel or other public lodging place. Provided | |
494 | 930 | further, those state officers or employees so choosing this option | |
495 | - | shall be reimbursed for local transportation costs in curred | |
931 | + | shall be reimbursed for local transportation costs in curred | |
496 | 932 | traveling between such optional lod ging and the designated hotel, | |
933 | + | ||
934 | + | SENATE FLOOR VERSION - HB4188 SFLR Page 19 | |
935 | + | (Bold face denotes Committee A mendments) 1 | |
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497 | 960 | motel or other public lo dging place not to exceed the difference | |
498 | 961 | between the cost of the designated lodging and the cost of the | |
499 | 962 | optional lodging. Receipts issued by the hotel, motel or other | |
500 | 963 | public lodging place shall accomp any claims for reimbursement. | |
501 | - | ||
502 | 964 | D. C. State officers and employees who have been required to | |
503 | 965 | attend hearings or meetings of any congressional committee or | |
504 | 966 | subcommittee or any federal agency, board or commission shal l be | |
505 | 967 | reimbursed for their actual and necessar y travel and lodging | |
506 | 968 | expenses; however, the agency h ead must approve any claims in | |
507 | 969 | connection with such exp enses. | |
508 | - | ||
509 | 970 | E. D. Reimbursement for meals and lodging on out -of-state trips | |
510 | 971 | shall not begin more than twenty-four (24) hours one (1) calendar | |
511 | 972 | day before the meeting, workshop, conference or other objective of | |
512 | 973 | trip begins and shall not continue more than twenty-four (24) hours | |
513 | 974 | one (1) calendar day after said meeting, workshop, conference or | |
514 | 975 | other objective of tri p ends. This twenty -four-hour limit shall | |
515 | 976 | also apply for in-state travel when the agency determi nes that | |
516 | 977 | travel is of a duration where overnight travel prior to or after the | |
517 | 978 | trip objective would be nece ssary. | |
518 | - | ||
519 | 979 | F. E. Reimbursement for meals and lodging inc urred in official | |
520 | 980 | travel in areas outside of the Unite d States to implement the | |
521 | 981 | objectives of contracts, grants, agreements or gifts for which funds | |
522 | 982 | from these sources are furnished shall be reimbursed from said funds | |
523 | 983 | at actual cost not to exceed the amoun t authorized for United States | |
984 | + | ||
985 | + | SENATE FLOOR VERSION - HB4188 SFLR Page 20 | |
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524 | 1011 | Government employees in its periodical publication entitled | |
525 | 1012 | "Standard Regulations (Government Civilians, Foreign Areas), | |
526 | 1013 | Department of State, Washington, DC ". Provided, however, | |
527 | 1014 | reimbursement for travel to points outside of the United States, | |
528 | 1015 | whether performed under authority o f contract, grant, agreement or | |
529 | 1016 | otherwise, shall not begin more than forty-eight (48) hours two (2) | |
530 | 1017 | calendar days before or end more than forty-eight (48) hours two (2) | |
531 | 1018 | calendar days after the objective of the trip. | |
532 | - | ||
533 | 1019 | G. F. Claims submitted to the Director of the Office of | |
534 | 1020 | Management and Enterprise Services for payment under the provisions | |
535 | 1021 | of this section shall be certified to by the principal fiscal | |
536 | 1022 | officer or contract and grant administrator of each age ncy. Such | |
537 | 1023 | officer shall certify that such claim compl ies with and is | |
538 | 1024 | authorized under this secti on. | |
539 | - | ENR. H. B. NO. 4188 Page 13 | |
540 | 1025 | H. G. The Director of the Office of Management and Enterpri se | |
541 | 1026 | Services may authorize reimbursement for overnight lodging while in | |
542 | 1027 | official travel status w ithin the State of Okl ahoma at a rate of up | |
543 | 1028 | to one hundred fifty percent (150%) of the amount aut horized in | |
544 | 1029 | subsection A of this section if it is determined that no lodging was | |
545 | 1030 | available at the maximum rate set out in subsection A of this | |
546 | 1031 | section. Prior to authorizing such pay ment, the state officer or | |
547 | 1032 | employee shall certify the efforts made to obtai n lodging at the | |
548 | 1033 | rate set out in subsection A of this section an d the reasons why | |
1034 | + | ||
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549 | 1061 | such lodging was not available within a reasonable distance from the | |
550 | 1062 | state officer's or employee's work location. | |
551 | - | ||
552 | 1063 | SECTION 6. AMENDATORY 74 O.S. 20 21, Section 500.11, is | |
553 | 1064 | amended to read as follows: | |
554 | - | ||
555 | 1065 | Section 500.11 A. Authorized persons traveling on official | |
556 | 1066 | state business outside of the State of Oklahoma m ay utilize | |
557 | 1067 | appropriate forms of transportation, includ ing but not limited to, | |
558 | 1068 | common carriers, transit system carriers, state owned or privately | |
559 | 1069 | owned motor vehicles or airplanes, contract rental motor vehicles, | |
560 | 1070 | commuter airplanes, or transportation by pri vate parties to reach | |
561 | 1071 | their destinations. | |
562 | - | ||
563 | 1072 | B. 1. Except as otherwise provided by this section, | |
564 | 1073 | reimbursement for out of state transportation costs as authorized by | |
565 | 1074 | this section shall not exceed the normal charge for the type of | |
566 | 1075 | transportation used, but i n no instance shall reimbursement for | |
567 | 1076 | transportation used in lieu of commercial airplane exceed the cost | |
568 | 1077 | of coach or economy class air fare. | |
569 | - | ||
570 | 1078 | 2. Reimbursement fo r travel by commercial airplane on a first - | |
571 | 1079 | class basis may be made if coach or economy class space is not | |
572 | 1080 | available within a reasonable time and is j ustified by attachment to | |
573 | 1081 | claim for reimbursement. | |
574 | - | ||
575 | 1082 | 3. Claims for reimbursement for transportation by comme rcial | |
576 | 1083 | airline shall be accompanied by the passenger 's duplicate of airline | |
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577 | 1111 | ticket, or other airline receipt which includes information as to | |
578 | 1112 | class of accommodation for which reimbursement is c laimed. | |
579 | - | ||
580 | 1113 | 4. If commuter airlines are the only airlines available to | |
581 | 1114 | reach a destination, reimbursement for transportation used in lieu | |
582 | 1115 | of commuter air fare sha ll not exceed the cost of the commuter air | |
583 | 1116 | fare. | |
584 | - | ENR. H. B. NO. 4188 Page 14 | |
585 | 1117 | C. Reimbursement for authorized use of privatel y owned motor | |
586 | 1118 | vehicles or vehicles from motor vehicle rental age ncies used for | |
587 | 1119 | out-of-state travel shall be limited to the actual cost for such | |
588 | 1120 | vehicle but in no instance shall reimbursement for such vehicle | |
589 | 1121 | exceed the cost for commercial coach or economy class air fare or | |
590 | 1122 | commuter air fare, whichever is appropriate. Distances for which | |
591 | 1123 | reimbursement for use of privately owned motor vehicles or vehicles | |
592 | 1124 | from vehicle rental agencies is claimed shall not exceed distances | |
593 | 1125 | as computed by a Global Positioning S ystem (GPS) or based on map and | |
594 | 1126 | vicinity business mileage set forth in a recognized published | |
595 | 1127 | national atlas or road map. Vic inity travel on official business | |
596 | 1128 | shall be entered on travel claims as a separate item. | |
597 | - | ||
598 | 1129 | SECTION 7. AMENDATORY 74 O.S. 2021, Section 500.15, is | |
599 | 1130 | amended to read as follow s: | |
600 | - | ||
601 | 1131 | Section 500.15 All claims for reimbursement of travel expenses | |
602 | 1132 | shall be submitted on the re gular authorized form of travel expense | |
603 | 1133 | claim, and shall be approved by the official or employee performing | |
604 | 1134 | the travel, and approved by the offic ial or employee designated in | |
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605 | 1162 | Section 34.68 of Title 62 of the Oklahoma St atutes, for the agency | |
606 | 1163 | in which the employee works. Receipts may be provided to the Office | |
607 | 1164 | of Management and Enterprise Services in e lectronic form. No travel | |
608 | 1165 | claim shall be awarde d if the filer of the claim has benefited from | |
609 | 1166 | the personal receipt of fre quent travel miles unless those miles are | |
610 | 1167 | used to offset future claims against the state. | |
611 | - | ||
612 | 1168 | SECTION 8. AMENDATORY 74 O.S. 2021, Section 500.16, is | |
613 | 1169 | amended to read as follows: | |
614 | - | ||
615 | 1170 | Section 500.16 Standard blank forms of travel claims to be used | |
616 | 1171 | to carry out the purposes of this act The method, forms, or syste ms | |
617 | 1172 | for submitting a travel reimbursement claim shall be prescribed by | |
618 | 1173 | the Director of the Office of Management and Enterprise Services. | |
619 | - | ||
620 | 1174 | SECTION 9. AMENDATORY 74 O.S. 2021, Section 500.18, is | |
621 | 1175 | amended to read as follows: | |
622 | - | ||
623 | 1176 | Section 500.18 A. Except for members of the Legislature, the | |
624 | 1177 | Governor and the Lieutenant Governor, provisions of Sections 500.1 | |
625 | 1178 | through 500.18 of this title shall be mandatory for all officials | |
626 | 1179 | and employees of all depart ments, boards, commissions and | |
627 | 1180 | institutions of the state, rega rdless of the provisions of any other | |
628 | 1181 | act of the Legislature, except as provided by this section. The | |
629 | - | enactment of any measure in the future providing for travel | |
1182 | + | enactment of any measure in the future providing for travel | |
630 | 1183 | reimbursement of state officers and employees on the basis of | |
631 | 1184 | "actual and necessary " expenses or in any other manner inconsistent | |
632 | 1185 | with Sections 500.1 through 500.18 of this title shall be deemed to | |
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633 | 1213 | provide for reimbursement in accordance with Sections 500.1 through | |
634 | 1214 | 500.18 of this title unless a contrary intent is explicitly | |
635 | 1215 | expressed in this secti on. Sections 500.1 through 500.18 of this | |
636 | 1216 | title shall not apply, however, to travel reimbursements made by | |
637 | 1217 | political subdivisions of this state, except as otherwise provided | |
638 | 1218 | by law. | |
639 | - | ||
640 | 1219 | B. The agencies listed below are authorized certain exceptions | |
641 | 1220 | and/or exemptions to the provisions of Sections 500. 1 through 500.18 | |
642 | 1221 | of this title to the extent specified: | |
643 | - | ||
644 | 1222 | 1. Oklahoma Department of Agriculture, Food, and Forestry: | |
645 | - | ||
646 | 1223 | a. The actual and reasonable expens es of travel and | |
647 | 1224 | subsistence in pursuing and developing market s for | |
648 | 1225 | Oklahoma agricultural products incurr ed by the | |
649 | 1226 | Commissioner, Deputy Commissioner and such employees | |
650 | 1227 | designated by the State Board of Agriculture within | |
651 | 1228 | the marketing development programs o f the Oklahoma | |
652 | 1229 | Department of Agriculture, Food, and Forestry s hall be | |
653 | 1230 | reimbursed to the employee incurrin g such expenses. | |
654 | 1231 | Reimbursement of such expenses shall be in acc ordance | |
655 | 1232 | with rules adopted by the Board. Expenses claimed | |
656 | 1233 | shall, prior to reimbursemen t, be reviewed by the | |
657 | 1234 | Board at a regular meeting and individua lly approved | |
658 | 1235 | or disapproved. | |
659 | 1236 | ||
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660 | 1263 | b. The actual and necessary expenses of out-of-state | |
661 | 1264 | travel and subsistence in curred by employees of the | |
662 | 1265 | Forestry Division authorized to evaluate and acquire | |
663 | 1266 | federal excess property or surplus property in other | |
664 | 1267 | states for use in its fire protection program, shall | |
665 | 1268 | be reimbursed to the employee incurring such expenses. | |
666 | - | ||
667 | 1269 | 2. Department of Public Safety: | |
668 | - | ||
669 | 1270 | When traveling with the Governor or at the Governor 's request, | |
670 | 1271 | personnel assigned by the Commissioner for executive security and | |
671 | 1272 | pilots on executive assignment shall be allow ed their actual and | |
672 | 1273 | necessary traveling expenses, upon claims ap proved by the | |
673 | 1274 | Commissioner. | |
674 | - | ENR. H. B. NO. 4188 Page 16 | |
675 | 1275 | 3. Department of Corrections: | |
676 | - | ||
677 | 1276 | The Department of Correction s shall be exempt from limitations | |
678 | 1277 | of reimbursement for rented automobiles, as set forth in Section | |
679 | 1278 | 500.5 of this title, when the rental is by a Correctional Officer or | |
680 | 1279 | Transportation Officer for the limited purpose of transporting | |
681 | 1280 | inmates. Reimbursement for the expense shall be on the basis of | |
682 | 1281 | actual cost. | |
683 | - | ||
684 | 1282 | 4. Oklahoma Tourism and Recreation Department: | |
685 | - | ||
686 | 1283 | The Oklahoma Tourism and Recreation Commission and Department | |
687 | 1284 | staff who promote in-state and out-of-state business for Oklahoma 's | |
688 | 1285 | state-operated or state-owned parks, lodges, and golf courses and | |
689 | 1286 | the tourism and recr eation industry, may be reimbursed for the | |
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690 | 1314 | actual and necessary expense of travel, subsistence and | |
691 | 1315 | entertainment for this purpose. The Director of the Oklahoma | |
692 | 1316 | Tourism and Recreation Department may reimburse the Publisher of | |
693 | 1317 | Oklahoma Today magazine and it s staff for expenses for meals and | |
694 | 1318 | other entertainment in order to gain advertising and promotion for | |
695 | 1319 | Oklahoma Today magazine. | |
696 | - | ||
697 | 1320 | 5. Oklahoma Department of Commerce: | |
698 | - | ||
699 | 1321 | a. The actual and necessary ex penses incurred by the | |
700 | 1322 | Director and other employees of the Dep artment | |
701 | 1323 | authorized by the Director for the purpose of business | |
702 | 1324 | recruitment shall be reimbursed. Reimbursem ent of | |
703 | 1325 | expenses shall be in accordance with rules adopted by | |
704 | 1326 | the Director of the Oklaho ma Department of Commerce. | |
705 | 1327 | Expenses claimed shall, prior to r eimbursement, be | |
706 | 1328 | reviewed by the Director a nd individually approved or | |
707 | 1329 | disapproved. | |
708 | - | ||
709 | 1330 | b. The Department, at t he discretion of the Director, may | |
710 | 1331 | charter aircraft for the purposes of carrying out it s | |
711 | 1332 | duties and responsibilities related to business | |
712 | 1333 | recruitment and performing the duties of the Director. | |
713 | 1334 | The cost of such charter shall be exempt from the | |
714 | 1335 | provisions of Section 500.6 of this title. Claims | |
715 | 1336 | filed with the Office of Management and Enterpris e | |
716 | 1337 | Services shall bear the following certification: | |
717 | 1338 | ||
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718 | 1365 | The best interests of the citizens of Oklahoma were | |
719 | - | better served in that conventional ground | |
1366 | + | better served in that conventional ground | |
720 | 1367 | transportation was not p ractical or feasible for this | |
721 | 1368 | trip, aircraft from the Department of Public Safety | |
722 | 1369 | were not available for this trip, and no other claim | |
723 | 1370 | has been or will be filed as a payment for the cost of | |
724 | 1371 | transportation in connection with this trip. | |
725 | - | ||
726 | 1372 | c. The Oklahoma Department of Commerce may reimburse the | |
727 | 1373 | Oklahoma Film and Music Office staff for the actual | |
728 | 1374 | and necessary expenses for meals and other | |
729 | 1375 | entertainment in order to promote the film and music | |
730 | 1376 | industries in this state. Reimbursement of all actual | |
731 | 1377 | and necessary expenses shall be in accordance with | |
732 | 1378 | rules adopted by the Oklahoma Department of Commerce. | |
733 | - | ||
734 | 1379 | 6. Office of Management and Enterprise Services: | |
735 | - | ||
736 | 1380 | The actual and necessary expenses of travel and subsis tence | |
737 | 1381 | incurred by the Director, any state employee approved by h is or her | |
738 | 1382 | appointing authority, or state officials, for travel outside the | |
739 | 1383 | state in performance of duties related to bond financing shall be | |
740 | 1384 | reimbursed to the employee or state official incurr ing such | |
741 | 1385 | expenses. Reimbursement for lodging expenses shall be supported by | |
742 | 1386 | three telephone bids from hotels within a reasonable distance of the | |
743 | 1387 | activity for which the travel was approved. | |
1388 | + | 7. Oklahoma Futures: | |
744 | 1389 | ||
745 | - | 7. Oklahoma Futures: | |
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746 | 1415 | ||
747 | 1416 | The actual and necessary expenses incurred b y the members of | |
748 | 1417 | Oklahoma Futures in the performance of their du ties shall be | |
749 | 1418 | reimbursed to the members incurring such expenses. Reimbursement of | |
750 | 1419 | all actual and necessary expenses shall be in accordance with rule s | |
751 | 1420 | adopted by Oklahoma Futures. | |
752 | - | ||
753 | 1421 | 8. Oklahoma Development Finance Authority: | |
754 | - | ||
755 | 1422 | The actual and necessary expense s incurred by the members and | |
756 | 1423 | employees of the Oklahoma Development Finance Authority i n the | |
757 | 1424 | performance of their duties shall be reimbursed to the p erson | |
758 | 1425 | incurring such expenses. Reimburseme nt of all actual and necessary | |
759 | 1426 | expenses shall be in accordance w ith the bylaws of the Authority. | |
760 | - | ||
761 | 1427 | 9. Oklahoma Center for the Advancement of Science and | |
762 | 1428 | Technology: | |
763 | - | ENR. H. B. NO. 4188 Page 18 | |
764 | 1429 | The actual and necessary expenses incurred by the members and | |
765 | 1430 | employees of the Oklahoma Cent er for the Advancement of Science and | |
766 | 1431 | Technology in the performa nce of their duties shall be reimbursed to | |
767 | 1432 | the person incurring such expenses. Reimbur sement of all actual and | |
768 | 1433 | necessary expenses shall be in accord ance with the bylaws of the | |
769 | 1434 | Center. | |
770 | - | ||
771 | 1435 | 10. Center for International Trade Development: | |
772 | - | ||
773 | 1436 | The actual and necessa ry expenses of travel, lodging and | |
774 | 1437 | subsistence incurred by the Director and authorized employees of the | |
775 | 1438 | Center for International Trade Development fo r performance of their | |
776 | 1439 | duties for the purpo se of business recruitment and assistance shall | |
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777 | 1467 | be reimbursed to the person incurring such expenses. Reimbursement | |
778 | 1468 | of such expenses shall be in accord ance with the rules adopted by | |
779 | 1469 | the Director of the Center for International Trade Development. | |
780 | 1470 | Expenses claimed shall be reviewed and individually approved or | |
781 | 1471 | disapproved, prior to reimbursement, first by the Director, and | |
782 | 1472 | finally by either the Vice Presi dent, Business and Finance of | |
783 | 1473 | Oklahoma State University or the President of Oklahoma State | |
784 | 1474 | University. | |
785 | - | ||
786 | 1475 | 11. Oklahoma State Bureau of Investigation: | |
787 | - | ||
788 | 1476 | The actual and necess ary expenses incurred by the Director and | |
789 | 1477 | other employees of the Bureau authorized by t he Director as a result | |
790 | 1478 | of conducting investigations shall be reimbursed to each such | |
791 | 1479 | employee incurring the expenses. Reimbursement of the expenses | |
792 | 1480 | shall be in accordance with rules adopted by the Director of the | |
793 | 1481 | Oklahoma State Bureau of Investigation. Prior to reimbursement, | |
794 | 1482 | expenses claimed shall be reviewed by the Director and individually | |
795 | 1483 | approved or disapproved. | |
796 | - | ||
797 | 1484 | 12. Department of Human Services: | |
798 | - | ||
799 | 1485 | a. The actual and necessary expenses of travel, lodging | |
800 | 1486 | and subsistence incurred by employees of the Leg al | |
801 | 1487 | Division in the performance of their duties for the | |
802 | 1488 | purpose of representing the Department of Human | |
803 | 1489 | Services or any of its officials, employees, | |
804 | 1490 | institutions or hospi tals at any proceeding including | |
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805 | 1518 | depositions, held before any court, administrative | |
806 | 1519 | body or representative thereof, shall be reimbursed to | |
807 | - | the employee incurring such | |
1520 | + | the employee incurring such expenses. Expenses | |
808 | 1521 | claimed shall be approved by the General Counsel and | |
809 | 1522 | the Director of Human Services prior to reimbursement. | |
810 | - | ||
811 | 1523 | b. The Department, at the discretion of the Dire ctor, may | |
812 | 1524 | charter aircraft when determined by the Director suc h | |
813 | 1525 | charter would be more practical or less e xpensive than | |
814 | 1526 | normal modes of transportation and when aircraft o f | |
815 | 1527 | the Department of Public Safety are unavailable. The | |
816 | 1528 | costs of such charter shall be exempt from the | |
817 | 1529 | provisions of Section 500.6 of this title. | |
818 | - | ||
819 | 1530 | 13. Oklahoma Health Care Authority: | |
820 | - | ||
821 | 1531 | The actual and necessary expenses of travel, lodging and | |
822 | 1532 | subsistence incurred by employees of the Legal Division in the | |
823 | 1533 | performance of their duties for the purp ose of representing the | |
824 | 1534 | Authority or any of its officials or e mployees, at any proceeding | |
825 | 1535 | including depositions, held before any court, administrative body or | |
826 | 1536 | representative thereof, shall be reimbursed to the employee | |
827 | 1537 | incurring such expenses. Expenses cl aimed shall be approved by the | |
828 | 1538 | Administrator prior to reimburs ement. | |
829 | - | ||
830 | 1539 | 14. Oklahoma State Bureau of Narcot ics and Dangerous Drugs | |
831 | 1540 | Control: | |
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832 | 1567 | ||
833 | 1568 | The actual and necessary expens es incurred by the Director and | |
834 | 1569 | other employees of the Bureau authorized by the Directo r as a result | |
835 | 1570 | of conducting investigations shall be reimbursed to each employee | |
836 | 1571 | incurring the expenses. Reimbursement of the expenses shall be in | |
837 | 1572 | accordance with rules adopted by the Director of the Oklahoma State | |
838 | 1573 | Bureau of Narcotics and Dangerous Drugs C ontrol. Prior to | |
839 | 1574 | reimbursement, expenses claimed shall be rev iewed by the Director | |
840 | 1575 | and individually appr oved or disapproved. | |
841 | - | ||
842 | 1576 | 15. University Hospitals: | |
843 | - | ||
844 | 1577 | The actual and necessary expenses of travel, lodging and | |
845 | 1578 | subsistence incurred by employees of the Legal Office in the | |
846 | 1579 | performance of their duties for the purpose of representing the | |
847 | 1580 | University Hospitals or an y of its officials, employees, | |
848 | 1581 | institutions or hospitals at any proceeding including depositions, | |
849 | 1582 | held before any court, administrative body or represe ntative | |
850 | 1583 | thereof, shall be reimbursed to the employee incurring such | |
851 | - | expenses. Expenses shall be approved by the Chief Executive Officer | |
1584 | + | expenses. Expenses shall be approved by the Chief Executive Officer | |
852 | 1585 | of the University Hospitals or b y the University Hospitals | |
853 | 1586 | Authority. | |
854 | - | ||
855 | 1587 | 16. Oklahoma Historical Society: | |
856 | - | ||
857 | 1588 | The actual and necessary expenses of travel, subsistence and | |
858 | 1589 | entertainment incurred by the Executive Director, Deputy Di rector | |
859 | 1590 | and any employees designated by the Executive Committee o f the | |
860 | 1591 | Oklahoma Historical Society Board of Directors in pursuing and | |
1592 | + | ||
1593 | + | SENATE FLOOR VERSION - HB4188 SFLR Page 32 | |
1594 | + | (Bold face denotes Committee A mendments) 1 | |
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1618 | + | ||
861 | 1619 | developing programs and projects for the preservation and marketing | |
862 | 1620 | of Oklahoma history shall be reimbursed to the person i ncurring the | |
863 | 1621 | expenses. Reimbursement of expenses shall be in ac cordance with | |
864 | 1622 | rules adopted by the Oklahoma Historical Society Board of Directors. | |
865 | 1623 | Prior to reimbursement, expenses claimed shall be reviewed by the | |
866 | 1624 | Executive Committee at a regularly schedul ed meeting and each claim | |
867 | 1625 | shall be individually approved or disa pproved. | |
868 | - | ||
869 | 1626 | 17. The Oklahoma Department of Mines: | |
870 | - | ||
871 | 1627 | The actual and necessary expenses of tr avel, lodging and | |
872 | 1628 | subsistence incurred by employees of the Dep artment in the | |
873 | 1629 | performance of their duties for the purpose of representing the | |
874 | 1630 | Department or any of its off icials or employees, at any proceeding, | |
875 | 1631 | hearing or meeting with federal agencies, board s, commissions, | |
876 | 1632 | congressional representatives, congressional c ommittees or staff, | |
877 | 1633 | shall be reimbursed to the employee incurring such expenses. | |
878 | 1634 | Expenses claimed shall be approved by the Executive Director prior | |
879 | 1635 | to reimbursement. | |
880 | - | ||
881 | 1636 | 18. The Office of Attorney General: | |
882 | - | ||
883 | 1637 | The actual and necessary expenses of travel, lodging and | |
884 | 1638 | subsistence incurred by its employees in the performance of their | |
885 | 1639 | duties for the purpose of representi ng the state, the Legislature, | |
886 | 1640 | any state board, agency or commission, or any employee o r official | |
887 | 1641 | of the state entitled to representation, at any pro ceeding including | |
888 | 1642 | depositions, held before any court, administrative body or any | |
1643 | + | ||
1644 | + | SENATE FLOOR VERSION - HB4188 SFLR Page 33 | |
1645 | + | (Bold face denotes Committee A mendments) 1 | |
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1669 | + | ||
889 | 1670 | representative thereof, an d the actual and necessary expenses | |
890 | 1671 | incurred by employees as a result of conducting inv estigations shall | |
891 | 1672 | be reimbursed to the employee incurring the expenses. The expenses | |
892 | 1673 | shall be approved by the Attorney General prior to reimbursement. | |
893 | - | ||
894 | 1674 | 19. District Attorneys Council: | |
895 | - | ENR. H. B. NO. 4188 Page 21 | |
896 | 1675 | The actual and necessary expenses of travel, lodging and | |
897 | 1676 | subsistence incurred by each district attorney and other employees | |
898 | 1677 | of the district attorney authorized by the district attorney in the | |
899 | 1678 | performance of their duties for any district oth er than the district | |
900 | 1679 | for which they are employed for the purpose of representing the | |
901 | 1680 | state, any county, or any employee or official of the state enti tled | |
902 | 1681 | to representation at any proceeding in cluding depositions held | |
903 | 1682 | before any court, administrative body o r any representative of a | |
904 | 1683 | court or administrative body, and the actual and necessary ex penses | |
905 | 1684 | incurred as a result of conducting investigations shall be | |
906 | 1685 | reimbursed to each employee incurring t he expenses. Reimbursement | |
907 | 1686 | of the expenses shall be in accordan ce with rules adopted by the | |
908 | 1687 | District Attorneys Council. Prior to reimbursement, expen ses | |
909 | 1688 | claimed shall be reviewed by the Council and individually approved | |
910 | 1689 | or disapproved. | |
911 | - | ||
912 | 1690 | 20. The Department of Securities: | |
913 | - | ||
914 | 1691 | The actual and necessary expenses of travel, lo dging and | |
915 | 1692 | subsistence incurred by the Administrator and other employees of the | |
916 | 1693 | Department of Securities in the performance of their duties for the | |
1694 | + | ||
1695 | + | SENATE FLOOR VERSION - HB4188 SFLR Page 34 | |
1696 | + | (Bold face denotes Committee A mendments) 1 | |
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1720 | + | ||
917 | 1721 | purpose of representing the Department of Sec urities, at any | |
918 | 1722 | proceeding including depositions, held before an y court, | |
919 | 1723 | administrative body or any representative thereof, conducting on - | |
920 | 1724 | site examinations, or conducting investigations, shall be reimbursed | |
921 | 1725 | to each employee incurring the expenses. The exp enses shall be | |
922 | 1726 | approved by the Administrator of the Department o f Securities prior | |
923 | 1727 | to reimbursement. | |
924 | - | ||
925 | 1728 | 21. Corporation Commission: | |
926 | - | ||
927 | 1729 | The actual and necess ary travel expenses incurred by the staff | |
928 | 1730 | of the Public Utilit y Division as a result of conducting audits | |
929 | 1731 | and/or reviews of utility service providers shall be reimbursed to | |
930 | 1732 | each such employee incurring the expense. Reimbursement of the | |
931 | 1733 | expenses shall be as set forth in procedures established by the | |
932 | 1734 | appointing authority. | |
933 | - | ||
934 | 1735 | 22. The Department of Human Services: | |
935 | - | ||
936 | 1736 | Employees of the Department of Human Services shall may be | |
937 | 1737 | reimbursed for their actual and necessary expenses of travel, | |
938 | 1738 | lodging and subsistence meals and incidentals incurred in the | |
939 | - | performance of their duties | |
1739 | + | performance of their duties f or the purpose of escorting and | |
940 | 1740 | transporting children or adults in the care or custody of the | |
941 | 1741 | Department, subject to approval by the Department : | |
942 | - | ||
943 | 1742 | a. for out-of-state visitation, care, treatment and | |
944 | 1743 | placement of a child welfare client, | |
945 | 1744 | ||
1745 | + | SENATE FLOOR VERSION - HB4188 SFLR Page 35 | |
1746 | + | (Bold face denotes Committee A mendments) 1 | |
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1770 | + | ||
946 | 1771 | b. for out-of-state treatment for or placement of an | |
947 | 1772 | adult protective services client, | |
948 | - | ||
949 | 1773 | c. for out-of-state treatment for or place ment of a | |
950 | 1774 | resident of a state resource center, or | |
951 | - | ||
952 | 1775 | d. for out-of-state treatment for or placemen t of an | |
953 | 1776 | individual with a developmental disability who is | |
954 | 1777 | living in the community in community re sidential | |
955 | 1778 | services, or | |
956 | - | ||
957 | 1779 | e. for meals and incidental expenses nece ssary for the | |
958 | 1780 | care of children or adults in the care or custody of | |
959 | 1781 | the Department. | |
960 | - | ||
961 | 1782 | Expenses claimed shall be approved by the appropriate Division | |
962 | 1783 | Administrator or Associate Director or Deputy prior to | |
963 | 1784 | reimbursement. | |
964 | - | ||
965 | 1785 | 23. The Banking Department: | |
966 | - | ||
967 | 1786 | The actual and necessary expenses of travel and lodging incurred | |
968 | 1787 | by the Commissioner and other employees o f the Banking Department in | |
969 | 1788 | the performance of their d uties for the Banking Department shall be | |
970 | 1789 | paid or reimbursed by the Banking Department to each employee | |
971 | 1790 | incurring the expenses. The expense s shall be approved by the | |
972 | 1791 | Banking Commissioner prior to payme nt or reimbursement. | |
973 | - | ||
974 | 1792 | 24. Oklahoma Office of Homeland Security: | |
975 | - | ||
976 | 1793 | The actual and necessary expenses of travel, lodging, and | |
977 | 1794 | subsistence incurred by the Oklahoma Ho meland Security Director, as | |
1795 | + | ||
1796 | + | SENATE FLOOR VERSION - HB4188 SFLR Page 36 | |
1797 | + | (Bold face denotes Committee A mendments) 1 | |
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1821 | + | ||
978 | 1822 | a result of the duties and responsibilities of the Director, shall | |
979 | 1823 | be paid or reimbursed by the Oklahoma Office of Homel and Security. | |
980 | - | ||
981 | 1824 | 25. The Grand River Dam Auth ority: | |
982 | - | ||
983 | 1825 | The actual and necessary expenses of travel and lodging i ncurred | |
984 | - | by the Board of Directors and other employees of the district in the | |
1826 | + | by the Board of Directors and other employees of the district in the | |
985 | 1827 | performance of their duties for the Grand River Dam Authority shall | |
986 | 1828 | be paid or reimbursed by the district to each D irector or employee | |
987 | 1829 | incurring the expenses. The expenses shall be approved by the | |
988 | 1830 | General Manager of the Grand River Dam Authority prior to payment or | |
989 | 1831 | reimbursement. | |
990 | - | ||
991 | 1832 | 26. The Native American Cultural and Educatio nal Authority: | |
992 | - | ||
993 | 1833 | The actual and necessary exp enses incurred by the Directors and | |
994 | 1834 | employees of the Native Amer ican Cultural and Educational Aut hority | |
995 | 1835 | in performances of duties. The expenses shall be appro ved by the | |
996 | 1836 | Director prior to payment or reimbursement. | |
997 | - | ||
998 | 1837 | 27. Oklahoma Department of Career and Tec hnology Education: | |
999 | - | ||
1000 | 1838 | The actual and necessary expenses incurred by the Director and | |
1001 | 1839 | other employees of the Department, authorized by the Director, for | |
1002 | 1840 | the purpose of business recruitment, training, and the provision of | |
1003 | 1841 | technical assistance shall be reimburse d. Reimbursement of expenses | |
1004 | 1842 | shall be in accordance with rules adopted by the State Board of | |
1005 | 1843 | Career and Technology Education. Expenses claimed, prior to the | |
1006 | 1844 | reimbursement, will be reviewed by the Board and indiv idually | |
1007 | 1845 | approved or disapproved. | |
1008 | 1846 | ||
1847 | + | SENATE FLOOR VERSION - HB4188 SFLR Page 37 | |
1848 | + | (Bold face denotes Committee A mendments) 1 | |
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1009 | 1873 | C. The agencies listed in subsection B of this section shall be | |
1010 | 1874 | required to report annually the actual exp enses excepted or exempted | |
1011 | 1875 | from Sections 500.1 through 500.18 of this title to the Governor, | |
1012 | 1876 | the President Pro Tempo re of the Senate, and the Speaker of the | |
1013 | 1877 | House of Representatives. The report shall be submitted no later | |
1014 | 1878 | than the first day of September f ollowing the end of each fiscal | |
1015 | 1879 | year. | |
1016 | - | ||
1017 | 1880 | SECTION 10. REPEALER 74 O.S. 2021, Section 500.17, is | |
1018 | 1881 | hereby repealed. | |
1019 | - | ||
1020 | 1882 | SECTION 11. This act shall become effective November 1, 2022. | |
1021 | - | ENR. H. B. NO. 4188 Page 24 | |
1022 | - | Passed the House of Representatives the 7th day of March, 2022. | |
1023 | - | ||
1024 | - | ||
1025 | - | ||
1026 | - | ||
1027 | - | Presiding Officer of the House | |
1028 | - | of Representatives | |
1029 | - | ||
1030 | - | ||
1031 | - | Passed the Senate the 20th day of April, 2022. | |
1032 | - | ||
1033 | - | ||
1034 | - | ||
1035 | - | ||
1036 | - | Presiding Officer of the Senate | |
1037 | - | ||
1038 | - | ||
1039 | - | ||
1040 | - | OFFICE OF THE GOVERNOR | |
1041 | - | Received by the Office of the Governor this ____________________ | |
1042 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
1043 | - | By: _________________________________ | |
1044 | - | Approved by the Governor of the State of Oklahoma this _____ ____ | |
1045 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
1046 | - | ||
1047 | - | ||
1048 | - | _________________________________ | |
1049 | - | Governor of the State of Oklahoma | |
1050 | - | ||
1051 | - | OFFICE OF THE SECRETARY OF STATE | |
1052 | - | Received by the Office of the Secretary of State this __________ | |
1053 | - | day of ___________________, 20_______, at _______ o'clock _______ M. | |
1054 | - | By: _________________________________ | |
1055 | - | ||
1883 | + | COMMITTEE REPORT BY: COMMITTEE ON RULES | |
1884 | + | March 30, 2022 - DO PASS |